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The Briefcase Veto

In a post earlier today, Bill Otis describes the Clinton Administration's attempt to subvert the Act of Congress that sought to abrogate the Miranda rule.  A more subtle but equally wrong ploy was their attempt to subvert the Prison Litigation Reform Act by arguing that in order to uphold it the Court had to construe it in such a watered-down manner as to defeat its purpose.

CJLF filed briefs in both Dickerson v. United States and Miller v. French.  We batted .500.  "Sometimes you're the windshield/ Sometimes you're the bug."

When the President sits on a bill and Congress adjourns in the 10-day window, that is called a "pocket veto."  We need a term for effectively vetoing an already-enacted statute by sitting back and not defending it while it is attacked in the courts.

I suggest "briefcase veto."

N.B.:  As Bill already alluded to, neither this blog nor CJLF takes any position on the underlying gay marriage question.

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